Commission, Flynn meet behind closed doors

Protesters rally in front of WISN studios at 12100 W. Howard Ave. in Greenfield to call for an apology from radio host Mark Belling, who offended them with his remarks about Derek Williams and his death in police custody. Ralph Hollmon, CEO of the Milwaukee Urban League, expressed his dismay while speaking to the media. Credit: Michael Sears

Oct. 04, 2012

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Deaths in Detention

In the aftermath of in-custody deaths, authorities rely on each other’s conclusions — even when those conclusions are flawed — ensuring no one is held accountable when prisoners die.

Calls for Milwaukee Police Chief Edward Flynn's resignation or firing, sparked by the in-custody death of Derek Williams, followed Flynn into a meeting of the Fire and Police Commission on Thursday and an unscheduled performance review of the chief by the panel.

The civilian commission, responsible for setting department policy and disciplining employees for misconduct, usually reviews Flynn's performance quarterly. His most recent review was just a month ago.

"Because there are several issues of community concern right now, we have accelerated the amount of time we spend with the chief doing the performance reviews," commission Executive Director Michael Tobin said before the review, held in closed session.

After the regularly scheduled public meeting of the commission Tobin would not say whether the commission will consider firing Flynn.

"And that's all I'm going to say tonight," Tobin told reporters.

The meeting came amid increasing calls for Flynn's resignation in the wake of Williams' death.

Williams, 22, died after being arrested on suspicion of robbery in July 2011. Recently released squad car video shows him gasping for breath and begging for help in the back seat of a Milwaukee police car as officers ignore his pleas for nearly eight minutes.

The video was released to the Journal Sentinel after 10 months of records requests and negotiations with the city. It was first posted Sept. 23 on JSOnline - approximately a year after Robin Shellow, an attorney for Williams' mother, first asked for it.

Officials at the Police Department, the district attorney's office and the Fire and Police Commission all viewed the video months ago and concluded the officers involved did nothing wrong. All have reopened their inquiries after a Journal Sentinel investigation prompted the Milwaukee County medical examiner's office to change its ruling from natural death to homicide.

Flynn's response: "If they think they can accomplish that, I welcome them to try. But I'm not going anywhere."

The firestorm surrounding Williams' death follows allegations this year of illegal strip searches conducted by officers - including two involved in Williams' arrest - and scathing criticism of police actions after the killing of 13-year-old Darius Simmons in May.

Simmons, who was black, was shot to death by his 75-year-old white next-door neighbor, who accused the boy stealing guns from his home.

Police detained Simmons' mother, Patricia Larry, in the back of a squad car, not allowing her to be at her son's side.

Thursday the boy's family was expecting a formal statement from the commission and a discussion on investigators' conduct.

However, Commission Chair Sarah Morgan would only say that the case was discussed with Flynn in the closed-session review and that a complete report is being prepared.

Attorney Jonathan Safran, who is representing Simmons' family and Williams' girlfriend and children, said Simmons' family was disappointed that the investigation into his death wasn't given more attention during the commission meeting.

Safran also demanded to know whether a "use of force" report was made on Williams' arrest because of an eye injury Williams suffered.

"I would hope that that information would be provided very soon," Safran said.

Milwaukee Police Association President Michael Crivello told the commission that the officers' union stands behind Flynn, support that was followed by calls from attendees for the commission to fire the chief and all officers involved in Williams' arrest.

"He needs to be terminated immediately," said Gilbert Johnson, a community activist and vice president of AFSCME Local 82.

After the meeting Flynn sounded less defiant than he did the night before.

"A number of people have serious concerns about some of the issues in which the Police Department's been involved and they made themselves very clear today," Flynn told reporters.

"Obviously there's a level of concern out there that we've got to continue to respond to."

Earlier Thursday, Milwaukee police officials vowed to post the department's entire 823-page standard operating procedure on the Internet in coming months, with slight redactions. At the Common Council's Public Safety Committee meeting, Ald. Joe Davis questioned officials about procedures involving handling of prisoners, searches, critical incidents and use of force.

Davis asked Deputy Inspector William Jessup and Tobin general questions about police procedures, but Davis said he was being careful not to talk about any specific cases, knowing his comments could affect future litigation. A claim has been filed by Williams' family against the city.

John Diedrich of the Journal Sentinel staff contributed to this report.

About Gina Barton

Gina Barton covers criminal justice. In 2013, she won a George Polk award for her investigation into the death of Derek Williams in Milwaukee police custody.